2006 No. 464 (C. 28)

RATES

Rates (Amendment) (2006 Order) (Commencement No. 1) Order (Northern Ireland) 2006

Made

The Department of Finance and Personnel1 makes the following Order in exercise of the powers conferred by Article 1(3) of the Rates (Amendment) Northern Ireland) Order 20062:

Citation and interpretation1

1

This Order may be cited as the Rates (Amendment) (2006 Order) (Commencement No. 1) Order (Northern Ireland) 2006.

2

In this Order “the 2006 Order” means the Rates (Amendment) (Northern Ireland) Order 2006.

Appointed days2

1

23rd November 2006 is the day appointed for the coming into operation of the provisions of the 2006 Order listed in column (1) of Schedule 1 for the purposes set out in column (3) thereof.

2

1st December 2006 is the day appointed for the coming into operation of the provisions of the 2006 Order listed in column (1) of Schedule 2 for the purposes set out in column (3) thereof.

3

1st January 2007 is the day appointed for the coming into operation of the provisions of the 2006 Order listed in column (1) of Schedule 3 for the purposes set out in column (3) thereof.

4

Except for Article 4, the day appointed for the coming into operation of the provisions of the 2006 Order, in so far as they have not been brought into operation before 1st April 2007, is 1st April 2007.

Sealed with the Official Seal of the Department of Finance and Personnel on 22nd November 2006

seal_r00001Brian McClureA senior officer of the Department of Finance and Personnel

SCHEDULE 1Provisions coming into operation on 23rd November 2006

Article 2(1)

Provisions of the 2006 Order

(1)

Subject matter

(2)

Purposes

(3)

Article 29

The Northern Ireland Valuation Tribunal

For the purpose of enabling the Lord Chancellor to make rules under paragraphs 7 to 13 of Schedule 9B to the Rates (Northern Ireland) Order 19773 and in so far as is necessary for the purpose of an order under section 2(2)(a) of the Justice (Northern Ireland) Act 20024

Article 40

Power to make transitional and consequential provisions, etc.

For all purposes

Schedule 1

The Northern Ireland Valuation Tribunal

For the purpose of enabling the Lord Chancellor to make rules under paragraphs 7 to 13 of Schedule 9B to the Rates (Northern Ireland) Order 1977 and in so far as is necessary for the purpose of an order under section 2(2)(a) of the Justice (Northern Ireland) Act 2002

SCHEDULE 2Provisions coming into operation on 1st December 2006

Article 2(2)

Provisions of the 2006 Order

(1)

Subject matter

(2)

Purposes

(3)

Article 3

Regional rate and district rate

For all purposes

Article 5

Rateable values

For all purposes

Article 6

Liability to be rated according to rateable values

For the purposes of making regulations

Article 7

Liability to be rated in respect of hereditaments owned by the Housing Executive, etc.

For all purposes

Article 8

Basis of valuation

For all purposes

Article 10

Agreements for deferred payment of rates on dwellings

For all purposes

Article 11(2)(c) and (d), (3) and (4)

General provisions as to valuation lists

For all purposes

Article 12

New valuation lists

For all purposes

Article 13

Access to valuation lists

For all purposes

Article 14

Rate relief scheme

For all purposes

Article 15

Persons under 18 and persons in education and training or leaving care

For all purposes

Article 18

Transitional rate relief

For all purposes

Article 19

Extension of exemption relating to sale of goods donated to a charity

For all purposes

Article 21

Power to prescribe exemption where hereditament has both a capital value and a net annual value

For all purposes

Article 26

Power to remove exemption for private dwellings from completion notices

For all purposes

Article 27

Power to extend exemption from completion notices

For all purposes

Article 32

Power to transfer appeal to the Lands Tribunal not to apply in prescribed cases

For all purposes

Article 33

Appeals from the Commissioner and the Valuation Tribunal

For the purposes of making regulations

Article 34

Payment of interest

For all purposes

The following paragraphs of Schedule 2 and Article 39 in so far as it relates to them—

paragraphs 2(1), (4), (6), (7), (9) and (10), 3, 4, 6, 7(1) and (2), 18(1), (2)(b), (3) and (4) 24, 37(1) and (3)(a) and (c), 38(1), (3) and (4), 41 to 43 and 48(1), (3), (4) and (6)

Amendments to the Rates (Northern Ireland) Order 1977

For all purposes other than—

  1. a

    the omission of paragraph 2(2) of Part XIII of Schedule 12 to the Rates (Northern Ireland) Order 1977; and

  2. b

    the amendment of paragraph 3(1) of Part XIII of Schedule 12 to that Order

In Schedule 3 the following entries and Article 41in so far as it relates to them—

Repeals

the entries relating to Articles 2(2), 5, 11(2)(b), 41, 60 and 61 of, and Schedules 5, 6 and 12 to, the Rates (Northern Ireland) Order 1977

For all purposes other than—

  1. a

    the repeal of the definition of “rack rent” in Article 2(2);

  1. a

    the repeal of the words “an interest in which belongs to, or to trustees of for, a religious body and” in Article 41(8) and the words “(in right of that interest)” in Article 41(8)(a);

  1. a

    the repeal of the words “, other than the occupier or owner of land” in Article 60(4); and

  2. b

    the repeal of paragraph 3 of Part I of and paragraph 2(2) of Part XIII of Schedule 12 to the Rates (Northern Ireland) Order 1977

the entry relating to the Rates (Amendment) (Northern Ireland) Order 19795

For all purposes

the entry relating to the Local Government, Planning and Land (Northern Ireland) Order 19816

For all purposes other than the repeal of words in Article 6

the entry relating to the Rates (Amendment) (Northern Ireland) Order 19837

For all purposes

the entry relating to the Rates (Amendment) (Northern Ireland) Order 19968

For all purposes

the entry relating to the Rates (Capital Values, etc.) (Northern Ireland) Order 20069

For all purposes other than the repeal of Article 14(3)

SCHEDULE 3Provisions coming into operation on 1st January 2007

Article 2(3)

Provisions of the 2006 Order

(1)

Subject matter

(2)

Purposes

(3)

Article 9

Right to pay rates by instalments

For all purposes

Paragraph 46 of Schedule 2 and Article 39 in so far as it relates to it

Amendments to Schedule 9 to the Rates (Northern Ireland) Order 1977

For all purposes

In Schedule 3 the following entries and Article 41 in so far as it relates to them—

Repeals

the entries relating to Article 29 of, and Schedule 9 to, the Rates (Northern Ireland) Order 1977

For all purposes

the entry relating to the Local Government, Planning and Land (Northern Ireland) Order 1981

For the purposes of the repeal of words in Article 6

EXPLANATORY NOTE

(This note is not part of the Order)

With the exception of Article 4 (police purposes part of the regional rate), this Order provides for the coming into operation of the Rates (Amendment) (Northern Ireland) Order 2006 (“the 2006 Order”) in so far as it is not already in operation.

The Order provides for the coming into operation of—

a

the provisions of the 2006 Order listed in Schedule 1 to this Order, on 23rd November 2006;

b

the provisions of the 2006 Order listed in Schedule 2 to this Order, on 1st December 2006;

c

the provisions of the 2006 Order listed in Schedule 3 to this Order, on 1st January 2007; and

d

the remaining provisions of the 2006 Order (other than Article 4), on 1st April 2007.